Write approximately 150 words on "Constitutional morality in the Indian Constitution". (UPSC CSE Mains 2024- Political Science and International Relations, Paper 1)
Constitutional morality entails the adherence to constitutional norms within a democratic system. It goes beyond the literal interpretation to encompass a commitment to values such as sovereignty, social justice, and equality in constitutional adjudication. Constitutional morality embodies the balance between freedom and restraint. That is, citizens submit to constitutional authorities and, at the same time, have the freedom to criticise those in power.
Constitutional morality in Indian Constitution
Though the term constitutional morality is not explicitly used in the Indian Constitution, it is deeply embedded in several of its sections:
- Preamble: It outlines the principles that underpin our democracy, including justice, liberty, equality, and fraternity.
- Fundamental Rights: It safeguards individuals’ rights against the arbitrary use of state power. Notably, the Supreme Court allows for the enforcement of these rights under Article 32.
- Directive Principles: They provide guidelines for the state to pursue the goals set by the constitution’s framers, drawing from Gandhian, socialist, and liberal intellectual philosophies.
- Fundamental Duties: Alongside their rights, citizens also have responsibilities to the nation.
- Checks and Balances: It includes judicial review of legislative and executive actions, legislative oversight of the executive, etc.
Also, it may be reiterated here that the discretionary power of the state and the principle of non-discrimination are closely associated with the concept of constitutional morality. The Supreme Court has emphasised in numerous judgments that constitutional morality entails upholding individual dignity, promoting good governance, and preventing the arbitrary use of power.
Disregarding the morality of the constitution can have significant ramifications for democratic processes.
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